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(영문) 수원지방법원안양지원 2020.10.15 2020고단1349
절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 2, 2019, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the Goyang Branch of the District Court, and completed the execution of the sentence on July 4, 2020.

At around 13:08 on July 13, 2020, the Defendant invaded the “DPC bank” operated by the victim C on the first floor of the Sinpo City B, Si, Gunpo-si, with a view to stealinging cash in its underground, and stolen KRW 1,813,500,00 in total by intrusion into the room managed by the victims six times from July 6, 2020 to the above date, as indicated in the List of Crimes.

Accordingly, the defendant intruded into the room occupied by the victims, and stolen the property owned by the victims.

Summary of Evidence

1. The defendant's legal statement C, written E, on-site and CCTV photographs, DNA CCTV photographic data, photographic data No. 1 through 5 on-site photographs, and each on-site photograph;

1. Reports on occurrence of each crime and reports on internal accidents;

1. Previous convictions: Criminal history records, investigation reports (the fact that the crime is committed during the period of repeated crime), each judgment, investigation reports (the confirmation of the fact that the crime is committed against a suspect) and the application of Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 (Determination of Punishment) thief crime, thief (special dufe) 4 (special dufe thief) : Aggravation area of same repeated crimes (recommended area and recommendation range) which do not correspond to specific crime Aggravated Punishment (hereinafter referred to as "special dufe thief"): 1 year and 6 months to 4 years;

(b) Class 2 (Determination of thief) / thief thief / thief 4 (special duf thief) :

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